Congress created an H-1A nonimmigrant classification in 1989 exclusively for the temporary employment of registered nurses. The regulation allowed employers, during a five-year pilot program, to hire foreign nurses after filing a detailed attestation that showed the steps the employer would take to lessen their reliance on foreign nurses.
The H-1A nonimmigrant classification originally expired in 1995, but Congress enacted a public law in 1996 that extended certain nurses’ authorized period of stay in the U.S. in certain locations that were experiencing an RN shortage. That extension did not provide for the approval of new H-1A petitions and related solely to foreign workers who had, or had previously been given, nonimmigrant H-1A status as registered nurses.
Congress did not further extend the stays of any H-1A nurses, and following the expiration of all H-1A periods of stay, no foreign nurses on H-1A visas could be employed after August 31, 2000. Furthermore, Congress has never renewed the original H-1A program.
The rule announced this weak ultimately rescinds the H-1A regulation. “Notice to the public and provision of a public comment period for this rule is unnecessary because the enabling statute has expired, and, consequently, the regulations are now without force or effect,” the Federal Register rule states. The entire rule can be found here.
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